I Was Sentenced For 1 Year Custodial Sentence Suspended For 2 Years Can I Still Travel The Eu And Go To America

[mdawgy99]

I was sentenced for 1 year custodial sentence suspended for 2 years I was messing around with my airsoft gun in my garden shooting at my fence and one of my friends walked up my drive it was dark so i couldnt see and one of the BBs went through the gap in the fence and it hit him in the eye he needed to go to a few doctors appointments but retained full vision in his eye. He pressed charges and i was convicted of GBH without intent because i didnt mean to shoot him or intent to cause any harm this isnt considered a crime or moral turptitude but im worried it will effect my ability to travel once the eu make uk citizens get a visa its says assault isnt on this list of banned offences but im not sure how serious my crime will be taken even tho i did not intent to harm anyone and it was a honest mistake im also not sure if it will effect my ability to travel to America despite it not being considered a matter of moral turptitude because i didnt intent to for my actions to harm anyone.

[Buenchico]

You won't need a visa to travel to the EU. You'll only need an ETIAS, for which the application process is far less rigorous.

There is no official list of 'banned offences'. Any such list that you've seen is almost certainly one hosted on a commercial website (of which there are many), which is hoping to make money from gullible travellers through 'assisting' their ETIAS applications once the system is up an running.

However it would seem extremely unlikely that your conviction for GBH would cause you any problems. The official website indicates that around 95% of ETIAS applications should be granted instantly, with nearly all of the remaining 5% being granted after manual checks:
https://ec.europa.eu/home-affairs/system/files/2022-03/European%20Travel%20Information%20and%20Authorisation%20System-ETIAS-memo_en.pdf

As your offence wasn't one involving things like terrorism, people trafficking or large scale drug smuggling, it seems extremely unlikely to me that it would present you with any problems when it comes to obtaining an ETIAS.

As you've correctly indicated, where you can demonstrate that there was no intent, GBH is not regarded as a crime involving moral turpitude by the US authorities.
https://unlock.org.uk/advice/identifying-whether-my-offence-is-a-crime-involving-moral-turpitude-cimt/
So you wouldn't be subject to an automatic ban on entry. However you'd still be ineligible for travel using an ESTA, meaning that you'd need to apply for a visa. For that, as well as completing the standard application form, you'd need to get hold of your ACRO Police Certificate
https://www.acro.police.uk/Subject-access
and complete this form:
https://uk.usembassy.gov/wp-content/uploads/sites/16/2016/08/VCU01_London.pdf
You'd then need to wait for an interview appointment at the US Embassy in London and then wait again to find out the result of your application.

All of that would need to be done before booking travel to the USA. As the current waiting time for an interview at the US Embassy is 130 days
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
you'd probably need to allow up to 6 months for the whole process. Adding on perhaps another 6 months between booking your travel and actually flying out (in order to get the best prices), probably means that it would be best to start your visa application at least a year before your intended date of travel.

[mdawgy99]

Thank you for the advice you have put my mind at ease about the whole situation my partners mum is having a wedding in vegas in around 18 months fingers crossed they accept thank you for your time and i was also really worried about being banned from the eu because im from the uk and not being able to travel to europe would be terrible

[Old_Geezer]

That's one heck of a lot of removed answers !